JOSEPH JARROD PORTER
v.
STATE OF FLORIDA
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The appellate court affirmed the conviction for fleeing and resisting arrest but vacated a public defender lien imposed without sufficient evidence. The court found no abuse of discretion in excluding an alibi witness not disclosed in a timely manner.
No, the trial court did not abuse its discretion in excluding the alibi witness because the appellant failed to comply with discovery rules. Yes, the public defender lien was improperly imposed without sufficient evidence.
[1] A trial court does not abuse its discretion in excluding an alibi witness not disclosed in response to the State's demand for notice of alibi and requested mid-trial.
[2] A trial court errs in imposing a public defender lien without specific evidence supporting the amount, such as hours invested and a reasonable hourly rate.
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Join FLexlaw to unlock all legal intelligence“On these facts, we find no abuse of discretion.”
Establishes the court's finding regarding the exclusion of the alibi witness.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of fleeing and resisting arrest. He sought to present an alibi witness late in the trial, after the State rested and his m…
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KELSEY, J.
On appeal from his judgment and sentence for fleeing or eluding and for resisting a law enforcement officer without violence, Appellant argues first that the trial court abused its discretion in excluding his alibi witness. Appellant did not disclose this witness in response to the State’s demand for notice of alibi, and did not request to call the witness until after the State rested and the court had denied Appellant’s motion for judgment of acquittal. On these facts, we find no abuse of discretion. See Fla. R. Crim. P. 3.200 (requiring disclosure of alibi witnesses within 10 days after State’s demand, failing which the trial court may exclude the witness); McIntyre v. State, 199 So. 3d 984, 985–87
(Fla. 4th DCA 2016) (finding no abuse of discretion in excluding alibi witness first requested mid-trial). Having considered all of Appellant’s other arguments for reversal of his convictions, we find none that merits reversal, and affirm. On Appellant’s second argument, however, we find that the trial court erred in imposing a $300 public-defender lien without any evidence specifically supporting that amount. Instead, the trial court merely made generic comments about the nature of the case and the work involved in it, which is an insufficient evidentiary basis. See Alexis v. State, 211 So. 3d 81, 83 (Fla. 4th DCA 2017) (requiring lower tribunal to make findings of fact based on evidence supporting increased costs, such as hours invested in the case and a reasonable hourly rate). The State properly concedes error on this issue. We therefore vacate that lien and remand for the lower tribunal to reduce the public-defender lien to the minimum statutory amount or to hold a duly-noticed evidentiary hearing on the question of any higher amount. See Odom v. State, 187 So. 3d 324, 325–26 (Fla. 1st DCA 2016) (remanding for further proceedings on materially analogous facts). AFFIRMED in part and VACATED in part. LEWIS and OSTERHAUS, JJ., concur. _____________________________
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Citator
Authorities Cited
- Geraldo Alexis v. State, 211 So. 3d 81 (Fla. 4th DCA 2017)
- Odom v. State, 187 So. 3d 324 (Fla. 1st DCA 2016)
- McINTYRE v. State, 199 So. 3d 984 (Fla. 4th DCA 2016)